Speech #500010051

I esteem this a strong case in point. Now. I wish to call the attention of the House to a decision affirming this identical pointthat naturalization can not be proven by parol. It is the case of Richard Slade vs. Daniel Minor. 2 Cranch Circuit Court Reports for the District of Columbia. page 139. This was a case against the deputy marshal of the District for levying distress for a militia fine imposed by a battalion court of inquiry underacts of Congress of March 3. 1803. and July 1. 1812 (2 Statutes. 215. 769). more effectually to provide for the organization of the militia of the District of Columbia. The court (Thurston. judge. absent) was of the opinion that it was only necessary for the defendant in his justification to prove those facts which gave the battalion court of inquiry j urisdiction and which showed that the tribunal was regularly constituted. and that having shown this. the acts of that court were to be presumed to be correct. and that it was not competent fbr the plaintiff to show their irregularity. The court also decided that an alien was not liable to militia duty. and that the naturalization of Charles Slade. the plaintiffs father. could not be proved by parol. Mr. Speaker. many other familiar authorities could be cited from the textbooks and decided cases to establish the proposition that you can not prove a record by parol. But I feel that I trespass upon the attention of the House and fatigue its kindly consideration by advancing propositions which are elementary. recognized as familiar by every student of the law and every layman who ever gave a thought to this subject. If we are correct in the position that Mr. White can not prove his naturalization by parol. then in legal contemplation he has not been naturalized. Under the Constitution of the United States. before a mau can represent a constituency in this body three great coordinate qualifications must be combined: first. he must be an inhabitant of the State in which he is chosen. second. he must be twentyfive years old. and third. he must have been seven years a citizen of the United States. As to the vital requirement of citizenship the contestant. in the opinion of the majority of the committee. is signally deficient.